SCHWARTZ & JERALD

The case involved a dispute between Mr. Schwartz and Ms. Jerald concerning parenting arrangements for their three children and the division of their property. The mother sought to relocate with the children from Town A to Town S, while the father sought an equal time arrangement in Town A. The court was required to determine the best interests of the children in relation to these competing proposals. In addition, the parties sought a just and equitable division of their property following a five-year relationship, where the applicant had made greater financial contributions and the parties had adopted traditional roles.

Judge Betts determined that the children should have equal shared parental responsibility, live with the mother, and that the mother should be at liberty to relocate with them to the Town S region. The court also established a detailed schedule for the children to spend time with the father, which varied depending on the distance between the parents' residences and included specific arrangements for school holidays, birthdays, and other significant dates. The court further ordered that previous parenting orders be discharged.

In relation to property, the court ordered that $160,000 from the proceeds of sale of two properties be paid to the wife, with the balance to the husband. The court also made specific orders regarding the division of a superannuation interest, entitling the wife to a calculated amount from splittable payments from the husband's super fund, and binding the superannuation trustee to these orders. The court also provided for each party to be solely entitled to property in their possession, with provisions for indemnification and the appointment of the Registrar to execute documents if a party defaults.